ILLINOIS POLLUTION CONTROL BOARD

June

2,

1988

VILLAGE

OF ROMEOVILLE,

Petitioner,

V.

)

PCB 87—69

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION OF THE BOARD

(by R.

C.

Flemal):

By Order

of May

19,

1988 the Board granted

the Village of

Romeoville

(“Romeoville’t) variance from 35

Iii.

Adm.

Code

602.105(a),

Standards for Issuance, and 602.106(b),

Restricted

Status,

as they relate

to

35

Ill.

Adrn.

Code 604.301(a), combined

radiuin—226 and radium—228, with grant of same subject

to

conditions.

Today’s Opinion

supports that Order.

PROCEDURAL HISTORY

Romeoville filed

its original Petition for Variance on May

27,

1987,

an ~mended Petition

for Variance on October

26,

1987,

and

a Second Amended Petition

for Variance on March 14,

1988.

The latter two documents frame the issues at hand.

Hearing has

been waived and none has been held.

The Illinois Environmental Protection Agency (“Agency”)

filed

its Recommendation on May 11,

1988,

followed

by a May 17,

1988 motion to allow filing of the Recommendation instanter~the

motion is granted.

The Agency recommends that variance be

granted,

subject to conditions.

On May 12,

1988 Romeoville filed

a Motion

for Expedited

Decision.

The motion

is granted.

REQUESTED RELIEF

Romeoville provides public services,

including potable water

supply and distribution,

for

a population of 4000 residential and

200 industrial and commercial customers.

The potable water

system

is both owned

and operated by Romeoville.

Raw water

is

obtained from a system of

two deep and

three shallow wells.

90—41

---

—2—

Illinois

regulations provide

that public water supplies are

prohibited

from extending water service,

by virtue of not being

able

to obtain the requisite permits,

if their water

fails to

meet any

of

the several water quality standards

for finished

water supplies.

These prohibitions exist pursuant to

35 Ill.

Adm. Code 602.105 and 602.106, namely:

Section 602.105

Standards

for Issuance

a)

The Agency shall not grant any construction or

operating permit required

by this Part unless

the

applicant submits adequate proof that the public

water supply will be constructed, modified or

operated

so as not

to cause

a violation of the

Environmental Protection Act

(Ill.

Rev.

Stat.

1981,

ch.

1111/2,

pars.

1001 et seq.)

(Act),

or

of

this Chapter.

Section 602.106

Restricted Status

a)

Restricted status

shall

be defined by the Agency

determination pursuant

to Section 39(a)

of the

Act and Section

602.105,

that

a public water

supply facility may no longer be issued

a

construction permit without causing

a violation

of the Act or this Chapter.

b)

The Agency shall publish and make available to

the public,

at intervals of not more than six

months,

a comprehensive and up—to—date

list of

supplies

subject to restrictive status and the

reasons why.

c)

The Agency

shall notify

the owners

or official

custodians of supplies when the supply is

initially placed on restricted status

by the

Agency.

Romeoville was placed on Restricted Status following a

December

19,

1985 notification from the Agency that the

Rorneoville water supply exceeded

the

5 pCi/i combined radium

standard of 35 Ill. Adm. Code 604.301(a).

Namely,

analyses

of an

annual composite of

four consecutive quarterly samples or

the

average

of four samples obtained at quarterly intervals showed

a

radium—226 content of 5.2 pCi/l and

a radium—228 content of 1.1

pCi/i,

for

a combined content of 6.3 pCi/l

(Agency Rec.

at par.

11).

Notwithstanding results of the earlier analyses,

Romeoville

contends that recent analyses

of water from its distribution

system show that the maximum allowable concentration for combined

radium is not currently exceeded.

This,

of

itself, however,

is

90—42

---

—3—

insufficient to allow removal

from Restricted Status.

Pursuant

to

35

Ill.

Adm.

Code 605.105(a)

removal from Restricted Status

requires that

a demonstration of compliance be made wherein it

is

shown that the concentration

in an annual composite

of samples

from consecutive quarters or the average of the analyses

of four

consecutive quarterly samples be less than the

5 pCi/i standard.

Romeoville has not to date obtained either an annual

composite

or four consecutive quarterly samples by which

it can

demonstrate compliance.

The relief Romeoville requests is

to be

removed from Restricted Status for the time required

to obtain

the requisite samples.

SAMPLE RECORD

The record in this matter contains several results

of radium

analyses

of varying degrees

of specificity.

The most recent are

analyses conducted by Teledyne Isotopes on three distribution

system samples

received from Romeoville

in January,

1988

(Second

Amended Pet.

Attachment).

These show radium—226 concentrations

of

0.8,

0.9,

and 0.4 pCi/i, respectively, and radium—228

concentrations

of less than 0.6 pCi/l

in all

three samples.

Agency records

also

include three distribution system

samples from January 1987 and a fourth from December 1985

(Agency

Rec.

at par.

16).

These show combined radium concentrations

of

4.1,

1.5,

1.5,

and 1.7 pCi/l,

respectively.

Agency records also

include

raw water analyses from one

of the deep wells, Well

*4,

and one

of the shallow wells, Well

#3.

The raw water analyses,

both from December

1985,

show combined radium concentration of

8.9 pCi/i

for the deep well and less than 1.0 pCi/i

for the

shallow well.

The Board notes

that Romeoville

in its Second Amended

Petition alludes

to samples collected during the first and second

quarters of 1987.

However,

no report

of the results

of these

analyses exists within the instant record nor has a record

apparently been submitted

to the Agency.

It

is admitted that no

sample was taken during

the third quarter

of 1987

(Motion for

Expedited Decision at par.

2).

The Board further

notes

that Romeoville

in its Second

Amended Petition and Motion for Expedited Decision requests that

it be allowed

to average

the first,

second,

and fourth

(presumably

the Teledyne Isotopes analyses noted above) quarterly

samples

from 1987 to comprise the missing third quarter sample.

In the absence within the record

of any report

of

at least

two of

these analyses,

among

other matters,

the Board declines

to allow

this averaging.

90—43

---

—4—

COMPLIANCE

PLAN

Romeoville intends during the period

of variance

to collect

samples sufficient to make up the required annual composited

sample

or four quarterly samples.

Additionally, Romeoville

intends

to keep

its Well #4 on indefinite shutdown,

to which

Rorneoville attributes

the radium problem.

Rorneoville has also explored options

for maintaining

compliance

in future years.

These include blending, water

softening,

and construction

of new wells.

In the long run,

Romeoville hopes

to be able

to utilize surface water derived from

the Kankakee River not only for the purpose of assuring

compliance with the combined radium standard,

but also

to “cease

using

the dwindling supply of ground water and assure our public

of

an adequate supply of higher quality river water”

(Amended

Pet. at par.

22).

HARDSHIP AND HEALTH RISK

Absent grant of variance,

the Agency would be required

to

continue

to deny construction and operating permits

for water

main extensions.

Romeoville contends that this would constitute

an arbitrary or unreasonable hardship, since such action would

jeopardize projected economic developments which require water

main extensions for completion and use.

Romeoville

lists

ten

separate such developments which include single—family housing,

corporate,

industrial,

and educational projects (Motion for

Expedited Decision, Attachment).

The Agency concurs that denial

of variance under

the

particular circumstances of the instant matter would constitute

an arbitrary or unreasonable hardship

(Agency Rec.

at par.

20,

21,

and 27).

Given

that Rorneoville

is apparently at present delivering

water which has

a concentration of combined radium below the 5.0

pCi/l health risk

level,

and given

that Romeoville apparently

only needs time to demonstrate compliance,

there should

be no

health risk associated with grant of the requested relief.

Neither should

there be any other environmental impact.

CONCLUSION

Based

on the foregoing,

the Board

finds

that Romeoville

would,

absent grant of variance,

incur an arbitrary or

unreasonable hardship not justified by the health

risk

or

environmental impact.

The Board accordingly grants

the request

for relief subject

to conditions

as recommended by the Agency and

concurred in by Romeoville

(Motion for Expedited Decision at

par.

4).

90—44

---

—5--

For the purpose

of maintaining

a unified whole of the

Opinion and Order

in this matter,

the Board here repeats

its

Order

of May 19,

1988

in its entirety:

ORDER

Petitioner,

the Village

of Romeoville,

is hereby granted

variance from 35

Ill.

Adm.

Code 602.105(a),

Standards for

Issuance,

and 602.106(b), Restricted Status,

but only as they

relate

to

35

11.1.

Adm.

Code 604.301(a), combined radium—226 and

radiuin—228,

subject

to the following conditions:

(A)

This variance expires nine months from grant of this

variance when analysis pursuant

to

35 Ill. Adm. Code

605.104(a)

shows compliance with

the standard for the

contaminant

in question,

whichever occurs first.

(B)

In consultation with the Agency,

Petitioner

shall

continue its sampling program to determine

as accurately

as possible the level

of radioactivity in

its wells and

finished water.

Until this variance expires,

Petitioner,

shall collect quarterly samples of its water

from its distribution system,

shall composite and shall

analyze them annually by

a laboratory certified by the

State

of Illinois

for radiological analysis so

as

to

determine the concentration of the contaminant in

question.

The results of

the analyses shall

be reported

to the Compliance Assurance Section, Division of Public

Water Supplies,

2200 Churchill Road,

IEPA, Springfield,

Illinois 62794—9276, within 30 days

of receipt of each

analysis.

At the option

of Petitioner,

the quarterly

samples may be analyzed when collected.

The running

average

of the most recent four quarterly sample results

shall

be

reported

to the above address within

30 days

of

receipt of the most recent quarterly sample.

(C)

Petitioner shall take additional water samples from its

distribution system within one block

of deep Well No.

4

whenever

it

is used

for more than three consecutive

days.

All analysis reports of the concentration of

combined radium—226 and —228 shall

be sent

to CAS,

Division of Public Water Supplies of

IEPA,

within ten

days of receipt

and shall

indicate they were taken

pursuant

to this condition of the variance.

(D)

Petitioner shall keep records

of the days Well No.

4

is

used and quantity of water pumped and provide copies

to

the Agency upon request.

(E)

Petitioner shall

not use Well No.

4 except for

emergencies,

such as

for fighting a fire or because

of

90—45

---

—6—

mechanical failure

of other

wells,

and only then to the

extent water delivered

to the distribution system shall

not cause

a violation of

35

ill.

Adm.

Code 604.301(a)

on

an annual average basis as determined pursuant to

35

Ill.

Adm. Code 605.105(a).

(F)

If deep Well No.

4 is used for

any reason

to provide

water to the distribution system during the term of this

variance, Petitioner shall report

in writing said use

and the quantity of water pumped to CAS Division of

Public Water Supplies,

IEPA within 14 days of each of

said uses.

(G)

Petitioner

shall initiate design of

a replacement source

of water

or treatment for Well.

No.

4 within three

months

of the first

time water

from Well No.

4

is added

to Petitioner’s distribution system during

the term of

this variance.

Said design shall

be completed within an

additional

six months.

Petitioner

shall

submit an

application for

a construction permit for said

replacement source or treatment within one month of

completion of said design.

(H)

If four consecutive quarterly samples that are taken

within one block of Well

No.

4 show that

35

Ill. Adm.

Code 604.301(a) has been violated, Petitioner shall

within three months

of that showing advertise

for bids

and proceed with construction for said replacement

source or treatment of Well No.

4.

Construction shall

be completed within an additional six months.

(I)

Petitioner

shall comply

all of the publication

notification requirements

of 35

Ill. Adm. Code Part 606,

Subpart

B.

(J)

The Petitioner

shall continue

to have professional

assistance (either from present staff or

an outside

consultant)

in investigating compliance options,

including

the possibility and feasibility of achieving

compliance by blending water from its shallow well(s)

with that of its deep well(s).

(K)

Pursuant to

35

Ill.

Adm.

Code 606.201,

in

its first set

of water bills

or within three months after

the date of

this Variance Order, whichever occurs first,

and every

three months thereafter, Petitioner will send

to each

user of

its public water supply a written notice

to the

effect that Petitioner has been granted by the Pollution

Control Board

a variance from 35

Ill.

Adm.

Code

602.105(a) Standards of

Issuance and

35 Ill.

Adm. Code

602.106(b)

Restricted Status,

as

it relates

to the MAC

standard

in question on an annual basis.

90—46

---

—7—

CL)

Pursuant

to

35

Ill.

Adm.

Code 606.201,

in

its first set

of water bills or within three months after

the date of

this Order, whichever occurs first,

and every three

months thereafter, Petitioner will send to each user

of

its public water supply

a written notice to the effect

that Petitioner

is not

in compliance with the standard

in question on an annual basis.

The notice shall state

the average content

of the contaminant

in question

in

samples

taken since

the last notice period during which

samples were taken.

(M)

Within 45 days of

the date

of this Order, Petitioner

shall execute and forward to Wayne

L. Wiemerslage,

Enforcement Programs,

Illinois Environmental Protection

Agency,

2200 Churchill Road,

Springfield, Illinois

62794—9276,

a Certification

of Acceptance and Agreement

to be bound

to all terms and conditions

of this

variance.

The 45—day period shall

be held

in abeyance

during any period that this matter is being appealed.

Failure

to execute and forward

the Certificate within

45

days renders

this variance void and

of no force and

effect as

a shield against enforcement of

rules from

which variance was granted.

The form of said

Certification shall

be as follows:

CERTIFICATION

I

(We),

,

hereby

accept and agree

to be bound by all terms

and conditions

of the

Order

of

the Pollution Control Board

in PCB 87—69, May 19,

1988.

Petitioner

Authorized Agent

Title

Date

Section

41

of the Environmental Protection Act,

Ill.

Rev.

Stat.

1985

ch. ill 1/2 par.

1041,

provides for appeal

of final

Orders of

the Board within

35 days.

The Rules of

the Supreme

Court of Illinois establish filing requirements.

This Opinion constitutes

the Board’s findings of fact and

conclusions

of law

in this matter.

90—47

---

—8—

IT

IS SO ORDERED.

Board Member Bill Forcade dissented.

I, Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Opinion was adopted

on the

~2”~’

day of

~t~._i(

,

1988,

by

a vote of

C~/

Dorothy M/Gunn,

Clerk

Illinois Pollution Control Board

90—43